Industrial Design

Industrial design is defined as An artistic and design presentation of an article, manufactured industrially or by artisans, that defines its outward appearance (Art 1352).

An industrial design shall be granted legal protection if in its essential features it is new and original.

The essential features of an industrial design shall include features determining the esthetic and/or ergonomic characteristics of the outward appearance of the article, including shape configuration, ornament, and combination of colors.

2. An industrial design shall be deemed new if the sum of its essential features manifested in representation of the article and included in the list of essential features of the industrial design is not known from information generally available in the world before the priority date of the industrial design.

When determining the novelty of an industrial design all applications for industrial designs filed in the Russian Federation by other persons, provided they have earlier priority and to the documents for which any person is entitled to get access as per Paragraph 2 of Article 1394 of the present Code and industrial designs that have been patented in the Russian Federation, shall also be taken into account.

3. An industrial design shall be deemed original if its essential features are determined by the creative nature of the special aspects of the article.

Legal protection as an industrial design shall not be granted to:

  • 1) solutions that are determined exclusively by the technical function of an article ;
  • 2) solutions that relate to works of architecture (with the exception of minor architectural forms), industrial, hydro technical, and other stationary structures;
  • 3) solutions that relate to objects of instable shape such as liquids, gaseous, dry substances and the like.
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